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In Property Law
What is an example of eminent domain?
A county forces people to sell their homes to build a highway. / /
Results for: Eminent-domain
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Why should eminent domain be stopped?
It shouldn't be stopped because eminent domain is sometimes necessary to prevent greedy, selfish or bigotted people from sabotaging the public good. What is necessary is …a revision of the law, and if necessary the Constitution, to prevent any repetition of the recent scandalous behaviour in Connecticut where some people had their family homes taken away so that private enterprise could make some private money. (MORE)
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What is power of eminent domain?
Eminent domain, commonly also referred to as condemnation, is the power of a government entity to claim land which is needed for a public purpose, but only after following due… process and equitably compensating the owner for the value of the taking. (MORE)
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How does due process limit eminent domain?
It requires the government to pay a fair price for the property taken from the owner.
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What supreme court case amended the use of eminent domain?
The big one recently was Kelo v. City of New London. The 5th amendment to the US Constitiution says the government shall not take private property except for public use …and by paying just compensation. The 14th amendment has been found to apply this restriction to the states too. This stopped the government from taking property from one private entity and giving it to another. During the urban renewal programs of the 60s, an exception was carved out for property that was "blighted": the government could exercise eminent domain to forceably buy property in blighted areas and then sell it to another private entity. But Mrs. Kelo's house wasn't blighted, so when case let the Ciity of New London force her to sell it to them so they could sell it to a private developer who promised to build stuff that would mean more jobs, it moved the interpretation of "public use" much more toward simply a "public purpose." (MORE)
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What is power of eminent domain in the Philippines?
Eminent domain or expropriation is the inherent right of the state to condemn private property to public use upon payment of just compensation. A number of circumstances must …be present in the taking of property for purposes of eminent domain:(1) the expropriator must enter a private property;(2) the entrance into private property must be for more than a momentary period;(3) the entry into the property should be under warrant or color of legal authority;(4) the property must be devoted to a public use or otherwise informally appropriated or injuriously affected; and(5) the utilization of the property for public use must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property. When private property is rendered uninhabitable by any entity with the power to exercise eminent domain, the taking is deemed complete. NPC v. CA, G.R. No. 106804, August 12, 2004,(436 SCRA 195). Taking occurs not only when the government actually deprives or dispossesses the property owner of his property or its ordinary use, but also when there is a practical destruction or material impairment of the value of the property. (Rep. v. CA, G.R. No. 147245, March 31, 2005, 454 SCRA 516; Heirs of Mateo Pidacan & Romana Eigo, et al. v. ATO, et al., G.R. No. 162779, June 15, 2007). (MORE)
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Which group tends to be negatively affected by eminent domain laws?
The general public is the group that tends to be negatively affected by eminent domain laws.
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What is better the you phone 5c or 5s?
the 5s because it has better service but it dosent have diffrent colrs just silver gold and black
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Power of eminent domain?
The governments ability to seize land for the good of the country. To provide roads, airports, and other necessary services to the public.
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What is the answer to 20c plus 5 equals 5c plus 65?
20c + 5 = 5c + 65 Divide through by 5: 4c + 1 = c + 13 Subtract c from both sides: 3c + 1 = 13 Subtract 1 from both sides: 3c = 12 Divide both sides by 3: c = 4